US IMMIGRATION UPDATES

IMMIGRATION / OCT 1999

How To Maximize Your Chances OF Obtaining a B2 Tourist Visa

By Vanessa S. Barcelona

Essentially, a B2 visa is a visa issued to anyone wishing to enter
the United States for the purpose of touring the country and/or
visiting friends and family. Unfortunately, there are no "hard and
fast" rules for obtaining this visa. Much depends on the subjective
determination of the consular officer.

The letter may also
indicate the employer's assessment of your talents/expertise and
your importance to the company. It can conclude with a statement
that your position is not at risk in the indefinite future (i.e.,
they want you to come back after your vacation!). If you are
self-employed or own a business, present documentation to show how
many employees you have, and find a means to explain how your
business is run.

For example, if you own a farm, present a list of
tenants and proof of their employment. Perhaps farming demands much
of your time and attention, but it can withstand your absence in the
off-season, when you wish to visit your children and grandchildren
in the U.S.

Explain this to the consular officer. Make it clear that
your intention to visit the U.S. is to stay for a temporary period.
In addition to the letter confirming that you have a job to return
to, you may also wish to submit evidence of your ties to the country
-- business or financial connections, cultural, civic, or social
associations you lead or are a member of, close family ties,
property, etc.

Make sure that you can clearly articulate and explain the purpose of
your travel to the U.S.

How long will you be staying? Where will you
be staying? If you plan to visit friends and family, have you
already contacted them to find out if you can stay with them? Get
letters to corroborate your statements. Show the officer the
reservations made for airline travel to the various states and
cities you plan to go to visit friends and family. Have you or your
travel agent prepared an itinerary? Show this. If you are clear
about all of these details, and are specific and realistic in your
plans (i.e., you do not simply state that you want to visit the U.S.
for the "maximum allowable stay of 6 months"), then approval of your
request becomes a realistic expectation.

Another requirement for B-2 visa issuance is that you must submit
proof that you have the financial resources to visit the U.S.
without having to work here.

What if
you do not have any assets? You may still fulfill this requirement
by presenting an affidavit of support at the Consulate. This is not
the more complicated new form I-824, but the older and much simpler
2-page Form I-134.

But who must submit the affidavit as your
sponsor? You should not submit an affidavit signed by a sponsor with
whom you have tenuous ties. In fact, the test here is whether your
relationship to the sponsor makes for "forceful and compelling"
ties. After all, why would your daughter's friend's cousin be
interested in shouldering all the expenses of your temporary stay?

As you can see from the above discussion, DOCUMENTATION is very
important when you present your request. Infinitely more important,
however, is your DEMEANOR at the time of the interview.

THE SUCCESS OR FAILURE OF YOUR APPLICATION WILL LARGELY DEPEND ON
WHETHER OR NOT THE OFFICER BELIEVES YOU.

This is an almost entirely subjective determination on the officer's
part. His intuitive impressions are what will, in the end, reign.

The B-2 visa is the most frequently requested visa. It is also the
most frequently approved. Unfortunately, it is also the most
frequently denied. This reality is even more stark in countries such
as the Philippines, where the Manila consulate is one of the busiest
in the entire world.

It is undeniable that as far as the consular
officer in Manila is concerned, the overriding presumption is that
more likely than not, the B-2 visa applicant will not be returning
to the Philippines. Despite this, numerous B-2 visas are still
issued every year, and yes, even at the U.S. Consulate in Manila.

Therefore, by being a little bit more aware of the requirements you
must meet and the presumptions you must rebut, you as the applicant
are armed with the information and tools to hopefully succeed in
your endeavor.

Good luck.

VANESSA S. BARCELONA is a partner with the law offices
of Barcelona & Pilarski, P.A. She obtained her law degree from the
University of Florida. She is a member of the American Immigration
Lawyers Association, the American Bar Association, and the Florida
Bar. Please send all e-mails to: vsbarcelona@earthlink.net